Lemon Law - What to Consider in Hiring a Good Lemon Law Attorney

Chances are, if you are searching for an attorney to help with your defective vehicle, you have a case. Only a licensed attorney can determine whether you have a case and then it is up to the attorney to decide whether to take your case.

Before you decide on the attorney lemon law service you are going to use, find out all the qualifications the lawyer has, what his or her background is, and if they have had any experience with cases like yours. Your attorney must also be prepared to go to trial if the other party will not settle the case to your satisfaction.

You need to consider locating a lawyer that is in your state, because the lemon laws are different in each state and he has to appear at the court in person. Your lawyer should be ready to make that special trip.

The other important thing is the aspect of qualification and legality. In this age, many people including con men can pass for lawyers and you need to see the proof of their qualification and a valid license for them to practice. This will help build your trust for the lawyer and in turn, you can have a good relationship as you seek to win the case.

The lemon law attorneys must have the right experience in dealing with lemon law. They should have undertaken successful cases and this will help you know that they have the ability to handle the case with a high chance of winning. Experience shows you how far the lemon law attorneys have come to make a good name for themselves.

Reputation and credibility are other factors to consider. Reputation is basically the public record and image that people attach to a law firm. A good company receives respect from ordinary people and enjoys popularity through the word of the mouth. Credibility is the extent of a law firm’s ability to do law practice with expertise and knowledge.

Therefore, a good lemon law attorney must have the expertise in this area. He must be available when you need him. It saves so much time and money if you hire a local lawyer. Lemon lawyers must be trained in the legal area in order to take over the job and have a valid license to practice law.

Georgia Lemon Law

Georgia Lemon Law and Federal warranty law protect consumers from being stuck with "Lemon" automobiles, computer lemons and other defective consumer products. The Governor's Office of Consumer Affairs administers Georgia's Lemon Law, which is designed to help you get your defective vehicle repaired. If the manufacturer fails to repair a recurring problem after a reasonable number of attempts and you meet certain eligibility requirements, you may apply for a state arbitration hearing. An arbitration panel may hear your complaint to decide whether you are entitled to a replacement vehicle or a refund.

The law covers all new motor vehicles that are:

- Bought or leased in Georgia or
- Registered by the original buyer in Georgia

The law does not cover:

- Used cars
- Motorcycles, mopeds, or ATVs
- Trucks weighing 10,000 pounds or more
- Vehicles that are not self-propelled
- Boats

If a Car Has a Problem

The car owner has 12 months or 12,000 miles (whichever comes first) to report the problem. Georgia law gives the car manufacturer a certain number of tries to fix the problem:

- One try for steering or breaking system problems
- Two tries for other safety defects
- Three tries for other problems

The first repair attempt must be done in the first 12 months or 12,000 miles of you getting the car. The second and third repair attempts (if needed) can happen up to 24 months or 24,000 miles after the first.

The Origins of Lemon Laws

The roots of the lemon law began in 1979. It was started by a woman from Lemon Grove, California. After three months of waiting for her car to be repaired, she got tired of it, so she picketed the dealership for five months, enduring verbal abuse from the mechanics and finally got the attention of consumers, which started a citizen's movement and resulted in lemon laws being enacted.

Every state now has a lemon law of some form or another and has since 1993. This law varies from state to state but basically, if you purchase a new vehicle, it must meet certain standards. The federal lemon law is called the Magnuson-Moss Warranty Act and protects citizens of all states from buying defective vehicles. Most states allow four attempts to fix a substantial problem and two attempts to fix a safety problem before providing a refund or replacement. Also, if the vehicle is out of service for thirty days or more it is considered a lemon. The federal lemon laws cover mechanical defects and perhaps attorney fees too, but this may not hold true in all states.

If you have purchased a used vehicle different laws apply, if the manufacturer warranty is still in effect then you will still be qualified for compensation under the lemon law. If there is no warranty on your used vehicle, you may still be able to collect compensation from consumer protection laws. You must keep good records if you are going to seek compensation under the lemon law. Keep records of your warranties and any repairs done to your vehicle. If you don't have the documentation, you will not be able to get compensation.

Laws vary from state to state. If you think you have a lemon, look up the laws in your state. You may need to consult a lawyer in some states. You may be able to seek other compensation such as attorney fees. There are many sites on the internet to look up the laws in your state.

Purchasing a vehicle "as is" does not exempt the seller from the lemon law. Lemon laws also apply to RV's, boats, motorcycles, wheelchairs, and computers.

If you have bought a vehicle that is broke down more than it is on the road, do something about it. Get informed and take the proper steps to get your money back or the vehicle replaced.

Understanding how the Pennsylvania Lemon Law Protects Car Owners

This guide to the Pennsylvania lemon law can help you understand your rights and help you know if you may be entitled to a full refund or a new car from your vehicle manufacturer.

How to Know if You Have a Lemon Vehicle:

Follow this checklist to see if your vehicle may in fact be classified as a lemon:

My vehicle has a defect/issue that impairs its use, value and/or safety.

The defect was not caused by my personal neglect or any alterations to the vehicle.

The defect occurred within the first year or 12,000 miles after receiving the vehicle.

I have brought the vehicle to the manufacturer's repair facility to get the defect repaired.

The repair facility has failed to repair the vehicle after 3 attempts OR my vehicle has been out of service for 30 days or more

If You Think You May Have a Lemon Vehicle:

If you can check off all (or even most) of the check boxes above, then you may be entitled to a full refund for your vehicle or a new replacement vehicle. As a next step it is advisable that you consult with a lemon law professional to determine if in fact you do a have a claim and how best to proceed.

Pennsylvania Lemon Law Frequently Asked Questions:

Q: Are leased vehicles covered?
A: In Pennsylvania all vehicles leased after February 11, 2002 are covered under the PA lemon law.

Q: Are used vehicles covered?
A: Used vehicles may be covered if you had any warranty left from the manufacturer when you purchased your vehicle, or if your vehicle was "Certified" by the manufacturer or dealer, and you made at least one unsuccessful warranty claim before the warranty ended.

Q: How do I avoid buying a car formerly labeled as a lemon?
A: The Pennsylvania lemon law requires that an auto dealer notify you in writing of a vehicle’s lemon history and that they get your signature acknowledging that you received and are ok with the history.

Q: How much will it cost and to pursue a refund for my vehicle?
A: Many lemon law professionals will provide their services free of charge and instead make your vehicle’s manufacturer pay for any fees.

California Lemon Law Will Not Protect Out-of-State Buyers

The cost of a new vehicle is higher than it has ever been, and prices continue to go up. Along with that is the increase in the price insurance and gasoline. Add it all up, and you will find that the cost of buying and owning a car is quite expensive. Savvy consumers shop around to find the best deal and are often rewarded for their hard work. In the case of residents of California and other highly taxed states, the price of sales taxes adds considerably to the cost of buying a new vehicle. Again, savvy shoppers have found a solution to this problem - buy the vehicle out of state and drive it home.

That seems like a good idea. After all, a 2% decrease in the sales tax on a $25,000 car means a savings of some $500, which will buy a few tanks of gas, even at today’s prices. The savings are even more significant if the vehicle in question is a $250,000 motor home. There may be a downside to this system, however. A recent court ruling by the California Supreme Court has ruled that the California lemon law applies only to vehicles actually purchased within the state.

This may come as a strong blow to Californians, who enjoy the first, and one of the most powerful, lemon laws in the United States. Consumers who buy their vehicles out of state, bring them home, and then find out that they have nonconformities that prevent them from being repaired will find out that they have no protection under California law. Worse, they may have no protection under any law. Most state lemon laws require that the vehicles be purchased in that state. In addition, most lemon laws require that anyone filing a claim under the law must also be a resident of that state. This may leave buyers who purchase a vehicle and drive it to another state out of luck.

Attorneys for the state of California called the ruling fair, pointing out that enforcing the statute costs money, and that it doesn’t seem reasonable for the law to represent buyers who don’t pay the sales taxes that support it.

Vehicle warranties will still apply, of course, and if the problems with the vehicle can be repaired under warranty then they will be covered. In addition, owners of these vehicles may pay for any additional repairs not covered under warranty. They are not, however, entitled to replacement or refund should the repairs be unable to permanently resolve the problem.

The savings encountered when purchasing a vehicle in a neighboring, lower-taxed state may be significant. Anyone planning such a purchase should be aware, however, that the savings may turn out not to be all that significant if the vehicle turns out to be defective. A $5000 savings on a defective, useless quarter of a million dollar motor home is no bargain. Buyers should exercise caution.

Used Car Dealers in Los Angeles Area: Are They Cheating...

If you get stuck buying a defective motorized vehicle like a lemon car, a lemon truck, a lemon boat, a lemon motorcycle, you do not have to worry. Your state Lemon Law may recover all of the following for you: All the costs such as shipping, registration, & licensing in addition to your entire down payment, whether hard cash, or allowance from a trade-in vehicle.

They may also recover your monthly expenditure, up to the time of the return of the lemon automobile to the company, whether you bought it on lease or credit and also probably the expenditure of several upgrades, add-ons, or accessories you had installed on the faulty automobile subsequent to your purchase. They may also repay you for all expenses incurred for the lemon car, auto, boat, truck, etc., pertinent to repair expenses, towing charges, leasing car expenses.

You must be sure to fully document your case with copies of repair bills and make detailed notes of who you speak with, all that is said, and all dates and times. You should also write down all your complaints and keep copies of them. Complaints should provide written details of the difficulty of getting the car to the dealer for repairs, as well as the how the lack of reliability has harmed you. Any time you write to a dealer, keep copies and make sure to send it via certified mail and request a return receipt.

If you are in Southern California, be careful who you are dealing with when you look at pre-owned automobiles. Many dishonest dealers will say or do whatever they can to move a vehicle they know to be faulty. Since these folks have mastered ways of turning a dollar at this trade. Thus, they are all too willing to buy new "lemons" for pennies on the dollar from persons in Los Angeles unfortunate enough to end up with vehicles that fell apart once the warranty ended.

Tons of auto ads can be found in the Sunday newspaper or you can type "used car Los Angeles" in any search engine. Either way you can browse their inventory and give them a call if you see something you like or have any questions. Most will be available anytime so you can check out the car yourself.

A used car customer could buy from either a dealer or a private owner. The chances of getting a lemon car are about the same with either one. It is probably better to purchase from a private owner, however. Used car dealers are professionals when it comes to using deceptive sales practices and it is good to avoid them. You will probably save a lot of money.

Seven Steps to getting rid of your Lemon.

1. Take the vehicle to the dealer each time your encounter a given problem

I have found that many people fail to take the vehicle in to the dealer for repairs because they either don’t have time, it’s too inconvenient, ect... but this is a very important step in the process. State lemon laws all provide that the dealer/manufacturer must be given a reasonable opportunity to repair the defects.

2. Be sure that the Service Department lists all of your complaints on the repair order.

I have found this one to be troublesome. Many times, consumers take their vehicles in for repair and tell the service advisor the problems that are being encountered. The service advisor may fail to list all of the complaints with the vehicle. At trial, if the complaint is not listed on the repair order, it becomes a he said/she/said matter to determine whether the dealer had an opportunity to repair.

3. Get a copy of the repair order.

I have found that many times, the consumer fails to receive a copy of the repair order. Under most state laws, the dealer is required to give you a copy of the repair order each time you take the vehicle in for servicing.

4. Hire an attorney.

This one is a no-brainer. All states have lemon laws on the books, and most of those lemon laws provide that the manufacturer must pay your attorney fees. In that regard, you end up with free legal representation. If your attorney asks you for an up front retainer for a lemon law case, ask him why.

5. Provide your attorney with all of the relevant documents.

Your attorney will need the purchase/lease agreement, the financing agreement, the repair orders, any TSB’s, the warranty booklet, a copy of your registration, and a copy of your title, if you have it.

6. Allow your attorney to go to work for you.

The lemon law field is a pretty small one. For the most part ,the attorneys who handle these types of cases know what they are doing. Follow their advice.

7. Do not always insist on a buy-back of the vehicle.

This is a big one. Many clients who call my office demand that the Manufacturer buy their vehicle back. And many times, they are within their rights to do so. However, as you can imagine, Manufacturers are not quick to buy vehicles back. What the client needs to look at is how they can get out of their vehicle in the quickest, fairest fashion. Often times, a cash settlement can be beneficial in this regard. This may give you enough money to get out of the vehicle and have a nice down payment on a new one. Again, though, I only advise this when it is in the client’s best interests.

Greg Artim is an Attorney based in Pittsburgh, PA. He handles Lemon Law and Breach of Warranty matters in all of Pennsylvania. For more answers to your PA Lemon Law questions, please visit his website at www.ihatethislemon.com . If you live in a different state, Greg recommends visiting www.50stateslemonlaw.com

Lemon Law - What to Do If your New Car was Damaged When you Purchased It in Pennsylvania

If your new motor vehicle was delivered with prior damage, you may have a New Motor Vehicle lemon law claim. Each year thousands consumers, without their knowledge, purchase new motor vehicles in Pennsylvania which have been damaged prior to sale. Pennsylvania specifically addressed this problem with the enactment of the New Motor Vehicle Damage Disclosure Act. The Purpose of the Act is to assure that purchasers of new motor vehicles are made aware of any repairs made to their motor vehicle before they take title to it.

The Act requires the dealer/manufacturer to disclose damage in writing, both repaired and repairable damage, which exceeds $500.00 or 3% of the manufacturer’s suggested retail price, whichever is greater. The act requires that the repair or repairable cost to be used is the dealer's retail charge for the same work on the date the repair was made. Where it is determined that a disclosure is required, the Act requires the dealer to make the disclosure in writing prior to the sale, and obtain a signature from the buyer acknowledging the damage. If a dealer fails to comply with the requirements of this act, the buyer is entitled to seek a refund of the purchase price of the damaged vehicle.

Should you discover that your car was damaged, or suspect that it was damaged, prior to sale, Pennsylvania Lemon Law Attorney, David J. Gorberg, suggests the following: "First, have an expert, such as a certified collision expert, examine the car to determine if damage exists. Next, should the expert determine that damage exists, have the expert prepare an estimate of repair, and submit this estimate to the dealership, along with a letter demanding a full repurchase of the damaged car. Should the dealership refuse to refund the purchase price, you should contact a lemon law firm in order to further pursue this matter."

David J. Gorberg & Associates is the largest lemon law firm in Philadelphia and one of the most successful lemon law firms in country. The firm's offices are located in Philadelphia, PA, Pittsburgh PA and Marlton, New Jersey and has become a household name in the field of Pennsylvania Lemon Law and New Jersey Lemon Law. Mr. Gorberg can be reached at 1-800 MY LEMON (1-800-695-3666) or by visiting the David J. Gorberg & Associates website at http://www.mylemon.com.

Understanding Lemon Law

A lemon law is a type of law that protects consumers from getting bad products, in this case, vehicles. In the United States, each of the states has its own form of lemon law. Each state regulates how much is to be provided as well as what standards each vehicle must be sold under. In basic terms, if the manufacturer says that the vehicle runs well and it doesn’t, then they are in violation of the lemon law of that state depending on the states specific standards. In most cases, anyone selling a bad car must replace it or refund the money for the car.

But, remember that each state is different. Each state has its own requirement for how much should be provided by the previous owner to the current owner. Also, in most cases, any defaults in the vehicle should be presented to the new owner prior to the purchase. If you find that a new car has actually been used, for example, you can have the dealership repurchase it from you or provide you with the new car.

It is important, though, that you check out your state’s exact wording on the lemon law. What should you do if you think someone has violated the lemon law on your purchase?

• Contact your attorney and ask them if they feel that you may have been violated. Many will provide free counseling to provide you with an understanding if you do have a case or not.
• Make sure to keep your paperwork. It is very important for you to have any and all documentation of the car, its history and its current condition in your hand.
• The attorney will tell you about the lemon law of the state and you will decide what the next step is from there.
• You should contact your attorney prior to trying to deal with the company yourself as to avoid more problems.